Article 31. Requirements for subjects of internal trade of the Law on Regulation of Trade Activity

Home / RLA / Article 31. Requirements for subjects of internal trade of the Law on Regulation of Trade Activity

1. Subjects of internal trade, when carrying out their activities, are obliged to:

1) sell goods of proper quality that meet safety requirements;

1-1) to place goods of Kazakhstani origin in visually and physically accessible places;

2) sell the product according to the parameters set out in accordance with the terms of the public offer, contracts or other transactions;

2-1) sell labeled goods, in respect of which a decision has been made on labeling in accordance with international treaties and (or) the legislation of the Republic of Kazakhstan, in accordance with the procedure determined by the industry authorized state body in the field of labeling and traceability of goods;

2-2) keep records of accepted and sold used non-food products in accordance with the procedure established by the rules of internal trade.

The subject of internal trade ensures the storage of information on accepted and sold used non-food products for one calendar year.;

3) provide the buyer with the necessary and reliable information about the quality and place of origin of the goods, consumer properties, warranty obligations and the procedure for filing claims, methods and rules for the use of products, their storage, and in the case of a statement of claim and accompanying documents submitted to the court, as well as the location and other details of the seller or manufacturer (the performer);

4) to place control and measuring devices certified in accordance with the requirements of the state system for ensuring the uniformity of measurements in a publicly accessible place of a commercial facility;

5) if the buyer has doubts about the weight and length, provide him with the opportunity to independently verify the specified characteristics using control and measuring devices.;

6) when selling goods subject to mandatory conformity assessment, in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of technical regulation, at the request of the buyer, present to him a certificate of conformity (a copy on the forms of the established sample) or a declaration of conformity.;

6-1) when wholesale goods subject to mandatory conformity assessment in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of technical regulation, at the request of the buyer, present to him a certificate of conformity or a copy of the certificate of conformity, stamped and signed by the head of a legal entity or a person authorized to sign documents, or an individual entrepreneur who are suppliers of goods, indicating dates of issue of a copy of the certificate of conformity or declaration of conformity;

7) use cash registers with fiscal memory in accordance with the procedure and cases provided for by the tax legislation of the Republic of Kazakhstan;

8) to withdraw from circulation goods that do not meet the safety requirements and standards established by Article 32 of this Law, as well as to promptly inform the relevant government agencies and the consumer about the possible danger to his life, health and (or) property, the environment, including accepting the sold goods from the consumer with compensation for its cost and losses (damage) caused to the consumer in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

9) comply with the instructions of state bodies issued in accordance with the established procedure;

10) comply with other requirements established by the legislation of the Republic of Kazakhstan.

1-1. In cases where a manufacturer or distributor identifies products that do not comply with the requirements of regulatory legal acts of the Republic of Kazakhstan and voluntarily withdraws them from sale, control and supervisory authorities do not take measures against such manufacturers or distributors.

2. Subjects of internal trade engaged in the sale of goods through the organization of a retail network or large retail facilities are prohibited from restricting the access of goods to retail chains or large retail facilities, expressed in unjustified refusal to conclude a contract for the supply of goods or in concluding a contract that is deliberately discriminatory and contains:

1) conditions prohibiting a subject of internal trade from concluding contracts for the supply of goods with other subjects of internal trade engaged in similar activities, as well as with other subjects of internal trade on similar or other terms;

2) the requirement for the internal trade entity engaged in the supply of goods to provide information on concluded contracts with other internal trade entities engaged in similar activities.

IZPI's note! Paragraph 3 is provided to be deleted by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 12/31/2025).

3. Subjects of internal trade are prohibited from violating the size of the maximum allowable retail price for socially significant food products established in accordance with paragraph 2 of Article 9 of this Law.

IZPI's note! Paragraph 4 is amended by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 12/31/2025).

4. In case of violation of paragraphs 2 and 3 of this Article, subjects of domestic trade are liable in accordance with the laws of the Republic of Kazakhstan.

5. If an internal trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities and a supplier of food products conclude a contract for the supply of goods with the condition of payment for such goods after a certain time after their transfer to an internal trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities, the term of payment for such goods to be established by this agreement is determined according to the following rules:

1) food products for which the expiration date is less than ten calendar days are subject to payment no later than ten working days from the date of transfer of such goods by an internal trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities.;

2) food products for which the expiration date is set at ten or more calendar days, produced in the territory of the Republic of Kazakhstan, are subject to payment no later than thirty calendar days from the date of transfer of such goods by an internal trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities.

6. Payment for goods within the time limits established by paragraph 5 of this Article shall be made subject to the fulfillment by the domestic trade entity supplying the goods of the obligation to transfer documents related to the goods in accordance with the regulatory legal acts of the Republic of Kazakhstan or the contract.

7. When concluding a food supply agreement, an internal trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities and a supplier of food products may include in the price of food products remuneration paid to the internal trade entity in connection with the purchase of a certain amount of food products from the supplier. The amount of the specified remuneration is subject to agreement by the parties to this agreement and may not exceed five percent of the price of purchased food products. When calculating the specified total amount of remuneration, the amount of value-added tax is not taken into account. It is not allowed to pay the remuneration specified in this paragraph in connection with the acquisition by a domestic trade entity of certain types of socially significant food products specified in the list approved by the authorized body.

In case of exceeding the amount of remuneration established in the first part of this paragraph, the subject of internal trade is liable in accordance with the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated April 12, 2004 No. 544.

This Law regulates public relations in the sphere of trade activity, establishes the principles and organizational bases of its state regulation.

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Republic of Kazakhstan

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